The powers of the creditor to ensure the asset preservation of the debtor

Authors

  • PEDRO IGNACIO BOTELLO HERMOSA

Keywords:

Debtor, Creditor, Actions, Credit

Abstract

In our legislation, the debtor is liable for his debts towards the creditor with all his assets, which is composed of all his properties (rights and shares). The creditor, on his part, wishes that the assets of the debtor weren't affected or decreased, either because the debtor choses not to make use of any right that could provide him properties, or because the debtor transmits to third parties, whether against payment or free of charge, credits or properties with the clear intention to avoid the duty credit to which he is bound. Therefore, this article deals with the three actions that the spanish legislation grants to the creditor in order to carry out his credit: direct action, subrogated action and paulian action.

Published

2017-08-31

Issue

Section

ESTUDIOS JURISPRUDENCIALES: DERECHO CIVIL. OBLIGACIONES Y CONTRATOS (2013-2021)

How to Cite

The powers of the creditor to ensure the asset preservation of the debtor. (2017). Critical Review of Real Estate Law, 762, 2037 a 2052. https://revistacritica.es/rcdi/article/view/1251